Weekly Rest (Industry) Convention, 1921 (No. 14) - Senegal (Ratification: 1960)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment: C.14

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)) and 89 (night work (women)) together.

Weekly rest

Article 5 of Convention No. 14. Compensatory rest. In reply to the Committee’s previous comment, the Government indicates in its report that the exceptions set out in sections 10 and 11 of Decree No. 73-085 of 30 January 1973 establishing procedures for the application of the weekly rest period in undertakings other than public services, are exceptional in nature and are not intended to call into question the principle of weekly rest and its compensation by rest. The Committee notes that, according to the aforementioned sections, these exceptions give rise to the payment of overtime. The Committee also notes that, according to section 12 of this Decree, for loading and unloading work in ports, landing places and stations, work is authorized on the weekly day of rest and also gives rise to the payment of overtime. Recalling the importance of ensuring in so far as possible that provision is made so that persons called upon to work on a weekly rest day receive compensatory rest, as such weekly rest is justified by the need to protect the health and well-being of workers (see paragraph 242 of the General Survey concerning working time instruments), the Committee once again requests the Government to provide information on any measures adopted or envisaged to ensurethat, as far as possible, compensatory rest is granted to the different categories of workers covered by sections 10 to 12 of Decree No. 73-085.

Night work

Article 3 of Convention No. 89. Prohibition of night work for women. The Committee welcomes the adoption of Decree No. 2021-1469 of 3 November 2021, on the work of pregnant women, which repeals General Order No. 5254 IGTLS/AOF of 19 July 1954, on the work of women and pregnant women, which prohibited women from working at night. The Committee notes that, in factories, plants, mines, pits and quarries, construction sites, particularly building and public works sites, and workshops, and their outbuildings, pregnant women cannot be employed to perform any night work. Recalling that the Convention will be open for denunciation from 27 February 2031 and 27 February 2032, the Committee draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all persons working at night (2018 General Survey on Working Time, paragraph 408).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 5 of the Convention. Compensatory rest. With reference to its previous comments, the Committee notes the Government’s explanations regarding the tripartite consultations held in the Advisory Council on Work and Safety, and the reference to section 19 of Decree No. 73-085 of 30 January 1973 establishing a procedure to be followed in the event of a request for the suspension of weekly rest. The Committee emphasizes that, in keeping with the letter and spirit of the Convention, a minimum of rest and leisure time each week is essential to protecting the health and well-being of workers, hence the importance of compensatory rest – rather than monetary compensation – where work is performed on the weekly day of rest. The Committee points out in this connection that Articles 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), ratification of which is still strongly recommended, require the granting of compensatory rest to be compulsory in the event of permanent or temporary exceptions to the normal weekly rest scheme. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, as far as possible, compensatory rest is granted to these workers, in accordance with this Article of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 5 of the Convention. Compensatory rest. The Committee notes that, under sections 10–12 of Decree No. 73-085 of 30 January 1973 establishing procedures for the application of the weekly rest period in undertakings other than public workplaces and services, exceptions to the weekly Sunday rest period may be granted without compensatory rest, the hours worked on those days being treated as overtime. The Committee draws the Government’s attention to the fact that the establishment of total or partial exceptions to the rules on weekly rest makes it necessary to take humanitarian and not just economic considerations into account, and requires the prior consultation of the employers’ and workers’ organizations concerned. It wishes also to emphasize that the purpose of the Convention is to protect the health and well-being of workers by guaranteeing a minimum rest period. It therefore requests the Government to supply further details of the consultations which have been held concerning the abovementioned exceptions and to specify in what manner humanitarian and not just economic considerations have been taken into account in this context.

Part V of the report form. Practical application. The Committee requests the Government to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services indicating the number and nature of infringements reported and the penalties imposed, information on the number of workers covered by the legislation, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.